GENERAL MANAGER TELECOM Vs. ANITA DHARAMDAS

JUDGEMENT

(1.) HEARD the advocates for the appellants and the respondent.

(2.) THE plaintiff filed a suit for mandatory injunction against the respondent and also applied therein under Order XXXIX Rule 1 and 2 of the Civil Procedure code for grant of mandatory injunction, directing the respondents to re-store the telephone connection bearing No. 772956 and 772957 at the new premises forthwith, and restrain the defendants from sending further bills of the closed telephone connection bearing the same numbers. This application was opposed by the defendants on various grounds. However, this application of the plaintiff was allowed by the trial Court after hearing the parties and defendants/the appellants herein were directed to restore the aforesaid two telephone connections at the new premises as desired by the plaintiff, within seven days and further prohibitory order was granted as per the other prayer in the said application. The present appeal is directed against the said order.

(3.) COUNSEL for the appellant made three submissions. Firstly according to him, the booth where the respondent/plaintiff wants to have S. T. D. connection should be at a place which does not violate any law and that it is not on any public property, but it is within the shop No. 1 as described in the agreement for sale/lease or licence, copy of which was furnished to the appellants by the respondent.